Legal Question in Landlord & Tenant Law in Connecticut

I own a condo that I have rented out to the same person for 20 years. We do not have a lease or any written agreement. Verbally he is responsible to pay the condo fee per month and the mortgage amount. He makes these payments directly to the bank and association. I make zero dollars on this rental. Sounds unusual, (and stupid) but it has worked for these years. Now he is behind on everything with no hope of catching up. Can I evict him? Can I just change the locks? I just want him to move out with no legal problems. Thank you


Asked on 2/13/13, 8:46 am

1 Answer from Attorneys

Diana Bartolotta B-Law LLC

I'm sorry to hear of your difficult tenant situation. In answer to your question, yes, you can evict someone who does not have a written lease. Without a written lease, you have a month-to-month tenancy under Connecticut law. So, you have all of the same rights as a landlord that you would have had if you had had a lease. (Except that default Connecticut law, in effect, wrote the lease, and not you.)

One option to consider in this situation is to offer to give the tenant money to move. Evicting a tenant is a costly and nasty process, that can draw out for awhile. What I typically do in this situation is the following:

- write a letter to the tenant, informing him that his tenancy is terminated in 30 days. (This is not a Notice to Quit. What I'm outlining is not an eviction, but another alternative that would resolve it faster, cheaper, and with less headache.)

- have a conversation with the tenant, saying that you understand he doesn't have any money and that I'm sure he understands that you can't let him live there for free. Offer to give him a few hundred dollars if he is out by Saturday. (Again, this is a contract, not an eviction.) Make the timeframe very short. In my experience, I have found this works best. Give him a dollar figure that will help him get back on his feet. (Consider the cost and timing of eviction, and offer about half of that. You will both be happy.)

- give half the money upfront, for good faith. (AND DRAFT A CONTRACT STATING THIS! that both of you sign.)

- give the other half to him when he moves out.

I have been a landlord for several years, and I have also been the attorney for many real estate investors. Another attorney told me this trick years ago, and it has always worked for me and gotten the tenants to a better place. I can help you with structuring it and drafting the documentation, if you'd like. If this guy has rented from you for 20 years with no problem, he's probably just in a tight spot and needs help getting on his way.

Let me know if you'd like to discuss. I offer a free initial consultation for new clients.

Best of luck!

Attorney Diana L. Bartolotta

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Answered on 9/26/13, 11:12 am


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